Chavez

This case involves the shooting, by occupants of a car, of a group of youths in another car. As a result, a young woman was killed and two others suffered gunshot wounds. The three appellants were each charged with one count of first degree murder pursuant to the first degree drive-by murder statutes (Pen. Code, §§ 189, 190.2, subd. (a)(21)), four counts of attempted willful, deliberate, and premeditated murder, and related charges. The appellants were convicted of all the charges and sentenced to life without the possibility of parole for the first degree murder charges; they received additional sentences on the other charges. In this appeal, appellants argue, among other things, that the jury was instructed incorrectly on the drive-by murder charges.

We affirm in part and publish to clarify the proper instruction of juries regarding charges based on the first degree drive-by murder statutes. In the published portion of this opinion, we conclude that first degree drive-by murder is not felony murder, and that although premeditation is not required to establish the crime, a specific intent to kill is required. The jury was not properly instructed on these issues, but the…